Class Action Fairness Act

News & Analysis as of

The Supreme Court Considers The Requirements For Removal

The Class Action Fairness Act of 2005 (“CAFA”) outlines the federal courts’ diversity jurisdiction over class actions. Among other things, it increased the amount in controversy to $5 million (28 U.S.C. § 1332(d)(2), (6)),...more

Supreme Court Declines to Address CAFA Removal Circuit Split

Earlier this year, the United States Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. Romo, a case that implicates the mass action removal requirements of the Class Action Fairness Act of 2005 (CAFA). The...more

Recent Cases of Note - Class Action Quarterly: Volume 2, Issue 3

Fifth Circuit Addresses CAFA’s Local Controversy Exception - The Court of Appeals for the Fifth Circuit recently held that courts should only look to the complaint in effect at the time of removal when determining if...more

Supreme Court Oral Argument in Dart Cherokee Basin v. Owens

The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. This case involves whether a defendant must provide evidence with its notice of removal under the Class Action...more

Seventh Circuit Rejects Attorney Fee Award Premised on Administrative Costs

As we’ve commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult discovery and case management issues, and are subject to surprises for all the...more

Supreme Court May Clarify Procedures For Removal Under CAFA—If It Decides To Answer The Question Presented in Dart Cherokee Basin...

This morning I attended oral arguments at the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens. The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under the...more

"Cases to Watch in the 2014-15 Supreme Court Term"

The Supreme Court will begin its new term on Monday, October 6, 2014. Although the Court has not yet accepted for review any headline-grabbing cases of the type we’ve seen in recent years in such areas as campaign finance,...more

The Class Action Chronicle - Fall 2014

This is the fifth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Supreme Court to Answer Question of Whether Evidence Is Required for Removal to Federal Court

Is "a short and plain statement" of the grounds for removal sufficient to remove a case to federal court? Or must a defendant supply admissible evidence in its notice of removal to prove amount in controversy? The Supreme...more

Ninth Circuit: AG’s Suit Challenging Add-On Products Stays in State Court

Lawsuits filed by the Hawaii Attorney General alleging that card issuers deceptively advertised add-on products belong in state court – and are not preempted by the National Bank Act (NBA), the Ninth U.S. Circuit Court of...more

CAFA: Recent Developments on the Jurisdictional and Settlement Fronts

Since Congress enacted the Class Action Fairness Act (CAFA) in 2005, the nation’s class action litigation has increasingly migrated to the federal stage, with plaintiffs bringing more class actions directly to federal court...more

Seventh Circuit Addresses Burden of Proof Under CAFA’s Home State Exception, Affirms Denial of Remand and Award of Costs to...

The Seventh Circuit recently addressed the applicability of the home state exception under the Class Action Fairness Act (“CAFA”). The case arose from health insurer Right Choice Insurance Company’s withdrawal from the...more

Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met

The United States District Court for the Northern District of Illinois denied plaintiff’s renewed motion to remand, holding that defendants had demonstrated that it was plausible that CAFA’s amount in controversy requirement...more

Class Representative’s Motion To Remand For Insufficient Amount In Controversy Doesn’t Add Up

A Kentucky federal court recently ruled that a class plaintiff may not defeat removal by understating the aggregate amount in controversy alleged in her complaint....more

In “Zombie” Class Action, Seventh Circuit Requires Plaintiffs to Present Evidence to Prove Home-State Exception to CAFA...

On Tuesday, the Seventh Circuit decided Myrick v. Wellpoint, Inc., Nos. 12-3882, 13-2230, 2014 WL 4073065 (Aug. 19, 2014), which highlights the necessity held that plaintiffs were required to produce evidence—and not merely...more

Parens Patriae Action By State Attorney General Is Not Removable Under CAFA’s Class Action Provision

A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

12 Tips for Settling Class Actions

The successful resolution of every class action lawsuit is case- and company-specific. Still, certain issues and strategic considerations arise in nearly every matter. The following tips address many of the considerations...more

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

The Cost of Doing Nothing? Injunctive Relief and the Amount in Controversy

While plaintiffs in class action cases ordinarily seek monetary damages, many incorporate claims for injunctive or declaratory relief as well. Injunctive and declaratory relief can complicate matters for courts when it comes...more

Supreme Court to Address Standard of Removal Under the Class Action Fairness Act

Last year in Standard Fire v. Knowles, 133 S. Ct. 1345 (2013), the U.S. Supreme Court held that class action plaintiffs could not avoid removal to federal court under the Class Action Fairness Act of 2005 (CAFA) by...more

Recent Cases of Note

District of New Jersey Denies Class Certification in Title Insurance Case on Grounds of Ascertainability - In the latest in a series of decisions from courts in the Third Circuit regarding ascertainability of a...more

Federal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases

A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA)...more

The Class Action Chronicle - Summer 2014

In This Issue: - Avoiding Class Certification Through an Offer of Judgment - CLASS CERTIFICATION DECISIONS: ..Decisions Granting Motions to Strike ..Decisions Denying Motions to Strike...more

The Eleventh Circuit Reverses CAFA-Based Remand Order

On June 5, 2014, the Eleventh Circuit decided in favor of Fifth Third Bank on its appeal of a district court order remanding a putative class action to Florida state court. The basis for the remand order had been the...more

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